Liablilties

Question 1

Accessory after the fact section 71
Elements

Answer 1

– Anyone (the accessory)

– knowing another person to have been a party to an offence

– receives, comforts, or assist that person
OR
Tampers with or actively suppresses any evidence against him or her

– in order to enable him to avoid arrest, escape or avoid conviction

Question 2

Knowing

Answer 2

Simister and Brookbanks
– knowing or correctly believing

the belief must be a correct one, where the belief is wrong a person cannot know something

Question 3

R V Crooks - Knowledge

Answer 3

Actual knowledge or belief, having no real doubt that the person assisted was a party to the offence. Suspicion is insufficient

Question 4

R V Briggs - Wilful blindness

Answer 4

Knowledge may be inferred (like receiving) from wilful blindness or deliberate abstention from making inquiries that would confirm the suspected truth

A person is considered wilfully blind if
– the person deliberately shut their eyes or fails to enquire, this is because they know what the answer would be or in situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from enquiring in order to know

Question 5

R V Mane - Offence must be complete

Answer 5

To be considered an accessory the acts done by the person must be after the completion of the offence

Question 6

Receives

Answer 6

Harbouring in offender or offering them shelter can be considered receiving

Question 7

Comforting

Answer 7

Situations where an accessory provides an offender with things such as food and clothing

Question 8

Assists

Answer 8

Covers a number of situations,
providing transport,
acting as a lockout,
ID someone willing to purchase stolen property,
giving authorities false information,
giving advice information, material or services

Question 9

Tempers with or actively suppresses evidence

Answer 9

Washing clothing, burning evidence, cover up by false statement

Question 10

Intention of an accessory

Answer 10

Avoid arrest
Escape arrest
Avoid conviction

Question 11

Intent – R V Collister

Answer 11

Intent may be inferred by
– offenders actions or words before, during or after the event
– the surrounding circumstances and the nature of the act itself

Question 12

Conspiracy 310(1)

Answer 12

– Conspires

– with any person

– to commit an offence

Question 13

Conspires

Answer 13

Two or more people forming an agreement to do an unlawful act, or to do a lawful act by unlawful means

The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct

The offenders mental element must be to commit the full offence

The offence is complete on the agreement being made with the required intent

A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made

Question 14

Mulcahy V R

Answer 14

A conspiracy consists not merely of an intention of two or more but in the agreement of two or more to do an unlawful act or to do a lawful act by unlawful means

Question 15

R V Sanders

Answer 15

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment

Question 16

Conspiracy - with any person

Answer 16

A person cannot conspire alone there must be another conspirator for the offence to be committed

Question 17

R V white

Answer 17

Can still convict we you can prove that I suspect conspired with other parties – one or more people – whose identities are unknown

Question 18

To commit an offence – conspiracy

Answer 18

May be described as any act or omission that is punishable on conviction under any enactment

Question 19

Perjury – section 108

Answer 19

– A witness making any

– Assertion and as to any matter of fact, opinion, belief or knowledge

– in any judicial proceeding

– forming part of that witnesses evidence on oath

– known by that witness to be false and

– intended to mislead the tribunal

Question 20

Witness

Answer 20

A person who gives evidence and is able to be cross-examined and are proceeding

Includes a person actively engaged and giving evidence, someone who was previously given evidence and a person who will give evidence

Question 21

Assertion

Answer 21

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion accuracy

Question 22

Matter of fact

Answer 22

Particular kind of information. A fact is a thing done, an actual occurrence or event and it is presented during court proceedings in the form of witness testimony and evidence

Question 23

Opinion

Answer 23

A statement of opinion that tends to prove or disprove affect. Only admissible of section 24 of the evidence act applies

A witness may state an opinion on evidence in a proceeding if that opinion is necessary to enable the witness to communicate or fact finder to understand

Question 24

Belief

Answer 24

Is essentially a subjective feeling regarding the validity of an idea or set of facts. Having faith in an idea or formulating and conclusion

Question 25

Knowledge

Answer 25

The belief must be a correct one, where the belief is wrong a person cannot know something. Free from doubt

Question 26

Any judicial proceeding

Answer 26

Giving evidence in a proceeding by way of audiovisual link from another country is still perjury in New Zealand

Question 27

Oath

Answer 27

Declaration before a person which invokes some religious belief and says that a thing is true or right

Question 28

Affirmation

Answer 28

Verbal or written declaration saying that a thing is true or right without reference to religious belief

Question 29

Declaration

Answer 29

A witness under 12 years old may make a declaration which is a promise to tell the truth

Question 30

Known by that witness to be false

Answer 30

The accused knows the statement to be false

Corroboration is required – there must be corroboration in relation to perjury as per section 121(1)(a)

Question 31

Intended to mislead - perjury is complete

Answer 31

The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal

There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence

Question 32

Receiving – section 246(1)

Answer 32

– Receives

– any stolen property or property obtained by any other impressionable offence

– knowing that at the time of receiving the property that it had been stolen
Or being reckless as to whether the property had been stolen or so obtained

Question 33

Stolen property/obtained by impressionable offence

Answer 33

Defendant has received the property which required that the receiving must be from another

Received with knowledge that it had been stolen or are legally obtained or reckless as to that possibility

Act is complete as soon as the offender either obtained possession or control over or helps in its concealing or disposing of the property

Question 34

R v cox

Answer 34

To elements. Physical is actual or potential custody and control mental as knowledge and intention. Knowledge of position intention to exercise position

Question 35

R V Cullen

Answer 35

– Awareness that the item is where it is
– awareness that the item has been stolen
– actual or potential control of the item and
– an intention to exercise that control over time

Question 36

R v Donnelly

Answer 36

The offence must be legally possible

We are stolen property has been returned to its owner or legal title acquired by any person,

it is not an offence to subsequently receive it, even though the receiver may know that the property had been previously stolen or dishonestly obtained

Question 37

Property

Answer 37

Any real personal property in the estate or interest in any real personal property

Question 38

Theft / stealing

Answer 38

Theft is committed by a taking when the offender moves the property or causes it to be moved

Question 39

Obtained by any other impressionable offence

Answer 39

Obtained by deception, money obtained from sale of drugs – obtained by any other impressionable offence

Question 40

r v Lucinsky

Answer 40

The property received must be the property stolen or illegally obtained or part of and Not some other item for which the illegally obtained property had been exchanged or which are the proceeds

Question 41

R V Kennedy - Guilty knowledge

Answer 41

That the thing had been stolen or dishonestly obtained must exist at the time of receiving

Question 42

R V Cameron - Recklessness

Answer 42

Recklessness as to whether deliberately took in a justified risk

The defendant recognises that the possibility that
– actions would bring about a prescribed result
– circumstances existed
– and having regard for those risks the actions were unreasonable